Page 1808 - Week 05 - Thursday, 10 May 2018
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occurred at Bimberi on 6 May 2016; nor was there any finding of liability against the territory with respect to those matters. In relation to the matters of misconduct, I am satisfied that the directorate has taken appropriate action in accordance with the enterprise agreement.
In response to Mrs Kikkert’s further questions about non-disclosure clauses, I have also sought advice and have been advised that it is not appropriate to discuss the resolution of proceedings before the Fair Work Commission. Agreements between parties are routinely used to bring matters in dispute to conclusion. Whether such an agreement includes a confidentiality clause is a matter for the parties to agree upon, and is considered on a case-by-case basis. I would reiterate that both I and the Community Services Directorate take very seriously any allegations of misconduct at Bimberi or, indeed, in any other aspect of the directorate’s responsibilities.
There is a clear process for investigating such matters laid out in the enterprise agreement that ensures due process and procedural fairness. Part of ensuring fairness for employees is protecting their right to privacy. This is why we consistently advise that it is inappropriate to publicly discuss the details of such matters. If it is determined through such investigations that misconduct has occurred, the delegate will consider appropriate sanctions, ranging up to and including dismissal. Employees subject to sanctions under the enterprise agreement may have a right to bring forward an application to the Fair Work Commission.
In closing, I would also note that current and former staff at Bimberi have ongoing obligations under both the Children and Young People Act and the ACT Public Sector Management Act not to inappropriately disclose information that they hold as a result of their employment. This includes particularly, of course, information that may identify a young person who is or has been involved with the youth justice system.
At the same time staff and other members of the community have legitimate avenues to raise concerns about misconduct or other matters regarding the management of Bimberi. These include public interest disclosure processes, making a complaint to the Children and Young People Commissioner and Public Advocate or, in the case of potential criminal matters, reporting allegations directly to police.
All of these avenues allow matters to be fully and appropriately investigated by bodies that have the power to access relevant information and undertake investigations. I continue to strongly encourage anyone who has such concerns to raise them through the appropriate channels so that they can indeed be investigated.
Independent Competition and Regulatory Commission—reports
Papers and statement by minister
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Economic Development and Minister for Tourism and Major Events) (3.26): For the information of members, I present the following papers:
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